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1 Introduction:

Our Terms & Conditions are considered to be the legal backbone of our platform as it governs every possible use of the website and offered services. Our platform consists of our website http://www.motorcycle-diaries.com and our (future) developed applications. A reference to our Terms & Conditions includes a reference to our Privacy and Cookie Statement and any other rights and obligations clearly stated on the Platform.

The Terms & Conditions are applicable to you as a User (further also "You" or "U" called). You become a user as soon as you visit our Platform and use it to retrieve information, regardless of registration. Using the Motorcycle-Diaries-platform indicates that you accept the content and binding application of our Terms & Conditions, or at least the supervision and consent of an entitled person. If you cannot agree with our Terms & Conditions we recommend you to stop the use of the platform.

Our Terms & Conditions are exclusively and solely applicable. Derogations from our Terms & Conditions are only valid in so far they are the result of mutual agreement confirmed in writing. In that case the specific Terms & Conditions only apply inasmuch as they derogate from the present Terms & Conditions; the remaining stipulations included in these Terms & Conditions shall remain fully in force.

We preserve the right to unilaterally change aforementioned documents at all time, without this giving rise to any form of compensation. Naturally, any modification will only have prospective effect so that you are never bound to something you do not want. In any event we advise you to regularly review our Terms & Conditions for possible modifications.

If you make use of our Platform on behalf of a company or other legal entity you are also individually bound by this Agreement as a User. This regardless of the existence of a separate agreement between Motorcycle-Diaries and the company or legal entity in question.

2 Right of use, Registration and Restrictions.

2.1 Right of use.

Each user receives a limited right to access, use and display the Motorcycle-Diaries-platform, including the database and its content (in short: right of use). The scope of the right of use, such as the accessible features and functionalities, may vary depending on the registration of the User and additional subscriptions to which the User is enrolled. This right of use is granted by way of a limited, revocable, non-exclusive and non-transferable license. This license does not entitle the user to sell, republish, redistribute, transmit or (sub)license the platform and/or the underlying database and content.

2.2 Registration.

The registration of a user-account is required in order to obtain access to the platform.

Each registration requires the user to give correct, accurate, current and complete information. Certain information may be absolutely necessary to mention in order to complete the registration. The aforementioned information obligations also apply for the further use in the future. The User is solely responsible to correct or remove outdated information.

Each user-account is strictly individual, personal and therefore unique. A user-account cannot be transferred to any third party without the explicit written consent of Motorcycle-Diaries. The user must, by consequence, guarantee the confidentiality of his user-account and login information. The User remains in any case exclusively responsible for all actions performed by way of his user-account. Any (suspected) breach of the confidentiality must be reported to Motorcycle-Diaries so that appropriate measures can be taken. Motorcycle-Diaries will provide the necessary actions to restore the confidentiality in that case.

Motorcycle-Diaries does not perform an active and prior control about the created user-accounts. Motorcycle-Diaries however reserves the right to undertake appropriate action in cases where this is required. See Article 5 “Termination and suspension of the user account” for more information about the possible consequences.

2.3 Restrictions to the right of use.

A User also bears some responsibility with respect to the way we provide our platform. Users should refrain from acts which have or may result to a deleterious impact on the proper functioning and safety of the website and/or on its use. The right of use is limited as this use may not be in violation of our Terms & Conditions, the applicable law, the rights of third parties and generally accepted principles on the Internet. The following actions/ommissions are absolutely prohibited:

It is forbidden to use software programs that focus on the collection and acquisition of data. This includes spiders, crawlers, robots and similar software, but is obviously not limited to those listed.

It is not permitted to use the Platform and its data for spamming, chain letters, junk mail and / or similar variations.

It is forbidden to stalk other Users and/or convince them of political and/or religious beliefs.

It is forbidden to violate the confidential character of other User-accounts or access other user-accounts without authorisation.

It is not allowed to use a false or foreign identity and/or data upon the registration.

If the User can add content to the platform, the User must not use the platform to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

any information, content or other material that violates, plagiarises, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or

any content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Motorcycle-Diaries’ reasonable opinion;

any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or

any unsolicited or unauthorised advertising, promotional messages, spam or any other form of solicitation.

Remedies

Motorcycle-Diaries reserves the right to take all reasonable and appropriate measures if the User is in breach with these Terms & Conditions or any known obligations, the applicable legislation, the rights of third parties or generally accepted Internet code of conduct. Motorcycle-Diaries retains a broad margin of choice about taking punitive and remedial action and the scope of that measure, such as a temporary or permanent limitation of access to certain functionalities. Measures can be taken without prior warning and/or prior notice.

Under no circumstances, the User has the right to demand reimbursement or damages for the measures that were taken.

2.4 Excessive use.

The User must refrain from any use that is significantly higher than the use of an average User of our platform and additional services, so called excessive use. This given the risk of harmful network or system overload of our platform and services. Motorcycle-Diaries will in case of excessive use inform the User about his behaviour and commit to take the necessary steps to reduce its use. The parties must enter into mediation in order to find a solution upon written request of Motorcycle-Diaries, if the overload is of a structural nature. Motorcycle-Diaries reserves the right to suspend its obligations under these Terms & Conditions so that the quality use of other customers is guaranteed.

3 What do we offer.

3.1 Good functioning, safety and accessibility

We provide a user-friendly platform that is safe and sound for every User. We take all reasonable measures that are necessary to ensure the proper functioning, safety and accessibility of our platform. This refers to the measures on preventive and curative level. In case of a known safety breach, Motorcycle-Diaries will immediately inform the User about the actions to be taken. Yet, we cannot give any absolute guarantee on this regard, and one must consider our actions as an obligation of means.

Every use of the website is at own risk. This means that we bear no liability for damages resulting from malfunctions, interruptions, defects or harmful elements of our website, regardless of the existence of force majeure or external cause. We reserve the right to restrict and/or interrupt at any time the access to our website, even without prior warning. We basically only use these measures if it is justifiable due to the circumstances, but this is however not an absolute requirement.

Motorcycle-Diaries aims to provide a high-quality platform by providing regular maintenance activities and updates. Such operations will only be effected within the hours of reduced activity on the platform, unless the situation justifies otherwise. The timeframe during which maintenance activities are carried out does not count for any calculation of accessibility and smooth operation. Maintenance activities should not be announced in advance, nor give rise to any form of compensation.

The User declares to take notice of the required specified hardware (browser) software and telecommunication facilities as clearly communicated by Motorcycle-Diaries. The User must also have a (broadband) Internet connection. It is the sole responsibility of the User to take all possible measures to receive our application.

3.2 Content of the website

The content of our website is determined both by us and by our users. We attach great importance to correct and complete content and expect the same from our users and from third parties who deliver content. We take all necessary steps to ensure this and keep a certain control over the content on our website. That being said, we cannot guarantee the quality of information on our website. It is possible that the information is not exhaustive, not sufficiently accurate and/or not always useful for the User. We are not liable for (direct and indirect) damages the User may suffer as a result of the information available on our website.

Users and third parties that upload content on our website acknowledge and confirm that they upload the content at their sole and exclusive responsibility. We can check the content after uploading but this certainly does not automatically happen for all content. We have in any case no obligation to monitor the content prior to its publication on the website.

If content on our website appears to be in breach of the applicable laws, violates any rights of third parties and/or is simply not acceptable, we kindly ask you to inform us thereof as soon as possible. Motorcycle-Diaries will take the appropriate measures if there are sufficient grounds to do so. Such measures may consist the partial or complete removal of the information.

Our website contains content that can be downloaded. Each download from our website is always at own risk. Our liability cannot be engaged on this point. Damages that result from a loss of data or a harm to the computer system fall completely and exclusively under the User’s responsibility.

4 Liability.

Motorcycle-Diaries puts the platform “AS IS” and “AS AVAILABLE” at the disposal of the User, this means Motorcycle-Diaries does not guarantee the good functioning, accessibility and safety. Motorcycle-Diaries is only liable for any imputed serious or repeated minor contractual and / or non-contractual breach caused in the performance of its obligations under this agreement. This liability concerns the actions of Motorcycle-Diaries’ directors, employees, legal representatives and engaged third parties. This liability is limited to direct damages resulting from the shortcomings and can never exceed an absolute maximum of € 15.

Motorcycle-Diaries is in no way liable for any indirect damages. Indirect damages are any kind of consequential damages, lost profits, financial or commercial losses, increasing the overall costs, increased personnel costs, damages for loss of clients and / or potential. This list is only indicative and certainly not exhaustive. Motorcycle-Diaries does not exclude its liability in case of fraud or willful misconduct on the condition that the fraud or willful misconduct is attributable to Motorcycle-Diaries. The liability for bodily injury and death is excluded to the extent legally possible.

Motorcycle-Diaries is in no way liable for the actions and the resulting damages caused by its Users and/or third parties. The User is solely liable in case of a him attributable contractual or non-contractual breach that compromises the liability of Motorcycle-Diaries and/or causes damages, losses and expenses (including legal fees) in respect of Motorcycle-Diaries. The User must take all necessary measures to indemnify Motorcycle-Diaries from those adverse effects.

If Motorcycle-Diaries is prevented to fulfil all or part of its obligations to the other party due to circumstances beyond its control, there will be force majeure. Motorcycle-Diaries is in that case entitled to suspend its obligations for the duration of the force majeure.

5 Links to other websites.

The content of our Platform may contain a link, hyperlink, embedded or framed link to external websites or other types of electronic portals (further on referred to as “websites”). Such link does not automatically imply the existence of a relationship of any nature whatsoever between Motorcycle-Diaries and the external website, nor that Motorcycle-Diaries (implicitly) agrees with the contents of these websites. Motorcycle-Diaries does not keep any active control on third-party websites and is not responsible for the safe and correct functioning of the websites.

The User will leave our platform as soon as he clicks the link and therefore cannot hold Motorcycle-Diaries responsible for any subsequent damage. These third-party websites do not offer the same guarantees as Motorcycle-Diaries does, so we recommend that you to carefully review the Disclaimer, Terms & Conditions and Privacy Statement of these third-party websites.

The User has the freedom to indicate a link, framed link or hyperlink on our platform, but Motorcycle-Diaries reserves the right to remove such link at any time. Motorcycle-Diaries is not required to provide a sufficient explanation for this behaviour. A linking to the activities of direct competitors is never allowed.

6 The processing of your personal data.

Motorcycle-Diaries processes personal information from the Users. This is necessary to ensure the proper functioning of the platform. The quantity of such information differs as more actions are performed, for example after registration. Depending on the quality of the information, it is possible that a natural person can be identified. As of that moment, we are collecting and processing personal data.

We consider the protection of your privacy and the safety of your personal data as utmost important. That is why we have made every effort to inform you as completely as possible concerning the processing of your personal data in our company. We kindly refer you to our Privacy Policy.

The User is the responsible processor and has to take all necessary means to comply to its obligations concerning Privacy legislation. Motorcycle-Diaries is the actual processor and ensures the safe processing of User data.

7 Intellectual property.

Creativity merits protection, which is provided by intellectual property rights. Such rights also apply to our website and its content. By “content” we understand the whole broad category of photos, video, audio, text, ideas, notes, drawings, articles, etc. This content is protected by copyright, software and database rights, industrial design rights and other applicable (intellectual) property rights. The technical character of our website itself is protected by copyright, software rights and database rights. Any trade names are protected by the applicable trade name and trademark laws. These rights remain in full by the entitled party.

Each User receives a limited right of access, use and reproduction of our platform and its content as necessary for the proper functioning of the website. This right is granted by way of a non-exclusive, non-transferable license. We therefore ask our users not to use and/or to make changes to the intellectual property rights as described in this article, without the prior permission of the entitled party.

The intellectual property rights we have enumerated also protect the content uploaded by users and by third parties. By uploading content on our website, the User grants Motorcycle-Diaries with a non-exclusive, transferable, royalty-free and worldwide license to use, reproduce, process, and communicate this content to third parties via our platform. This license is not restricted in time. This license applies to all types of intellectual property rights involved as discussed above. The license is required to guarantee the proper technical and functional operation of our platform, and the use of that license is limited to that aim.

By uploading content on our website you guarantee to be the exclusive and lawful rightholder of the content or that you have a license to use it. The User indemnifies Motorcycle-Diaries against all claims from third parties in relation to the use of uploaded content. When faced with an intellectual property claim, Motorcycle-Diaries is entitled to give the personal information of the infringing User to the rightholder/claimant.

8 Miscellaneous.

Motorcycle-Diaries can change, increase, limit or stop its website and the including services at all times. The use of this right does not require prior notice and does not give rise to damages.

Our Terms & Conditions are exclusively governed and interpreted in conformity with Belgian Law. Any kind of dispute, controversy or claim arising out of or related to these Terms & Conditions, termination or invalidity thereof shall preferably be resolved amicable or through a center for arbitration and mediation (eg CEPINA) or otherwise be exclusively submitted to the competent court of the judicial district where Motorcycle-Diaries has its main establishment.

If the effect or validity of one or several of the above provisions of these Terms & Conditions is disputed, this will have no consequence on the validity of the other provisions. The disputed provision is deemed to stand-alone and will consequently not apply. Motorcycle-Diaries has the privilege to replace the disputed provision by a valid provision of similar import. The headings that we use in our Terms & Conditions are always purely illustrative and bear no legal significance.

Motorcycle-Diaries may transfer its rights or obligations under this agreement towards a subsidiary or a third party at any time and without further ado. This subsidiary or third party will be fully responsible for the further implementation of the agreement. Such transfer does not require a prior consent of the User and does not give rise to compensation.